Terms and Conditions of Reservation
1. Contract with VIAJES MACHU PICCHU TRAVEL EIRL
The terms and conditions outlined below (the “Terms”) constitute the full understanding and agreement between VIAJES MACHU PICCHU TRAVEL EIRL (“VIAJES MACHU PICCHU,” “we,” or “our”) and the client (the “client” or “you”) regarding any or all reservations, trips, or transactions made with VIAJES MACHU PICCHU. The terms “VIAJES MACHU PICCHU,” “we,” and “our” also refer to the managers, directors, office staff, employees, representatives, agents, and affiliates of VIAJES MACHU PICCHU.
2. Reservations
To book a spot or a trip, each client is required to submit:
- Complete personal information of all passengers
- Full name, as stated in the client’s passport
- Passport number, nationality, age, and gender
- Confirmation of whether the passengers are adults or students. The student rate applies only to those under 24 years old with a valid Student Visa.
- Confirmation of the trip and departure date
- Information regarding dietary requirements (e.g., vegetarian, allergies, etc.)
A deposit of $200 per person (payable via credit card, online payment, Western Union, or Money Gram,
made 61 or more days in advance before the trip). If the payment is made through PayPal, a 10% fee
per person applies.
The remaining balance of the trip cost (the “Balance”) is due 1 day before
departure for any trip.
3. Payments
The balance payment can be made via:
Credit card (Visa, American Express), Personal / Cashier’s Check, Money Order
The balance payment must be submitted at least 5 days before the departure date using a credit card or another approved payment method by VIAJES MACHU PICCHU. If the balance is not paid on time, VIAJES MACHU PICCHU reserves the right to cancel the reservation. No passenger will be permitted to travel unless all payments and required documents have been received by VIAJES MACHU PICCHU.
4. Single Supplements
All accommodations (hotels, boats, tents, etc.) are based on double occupancy. We will try to find a roommate for solo travelers willing to share accommodations. If this is not possible, you will be required to pay the cost of a single supplement as specified in the itinerary.
5. Reservation Cancellation by the Passenger
If you need to cancel, all deposits will be refunded minus the cancellation fee. Cancellations must be made in writing. If cancellation occurs 91 days or more before departure, the cancellation fee is $50 per person, along with any non-refundable cancellation fees, surcharges, or deposits charged by VIAJES MACHU PICCHU for hotels, airlines, or other third parties, which will be indicated on your “trip cost receipt.” If cancellation occurs between 31 and 60 days before departure, the cancellation fee is 50% of the trip cost. If cancellation is made 30 days or less before departure, the cancellation fee is 100% of the trip cost. No partial refunds will be given for unused hotel accommodations, meals, tours, or hiking plans for any reason. The trip cost is quoted as a package, and no credits will be issued for unused services. Some trips, such as the Inca Trail to Machu Picchu, have different cancellation policies. In these cases, the cancellation policy for boats or cruises will be added to VIAJES MACHU PICCHU's cancellation policy.
6. Prices, Surcharges, and Validity
Since we publish our prices in advance, VIAJES MACHU PICCHU may occasionally face significant cost increases due to factors beyond our control. Consequently, we reserve the right to apply a surcharge due to exchange rate variations, increases in airfare or other transportation costs, taxes, or if any governmental action requires us to do so. The additional costs will be calculated based on the total extra cost compared to the original costs and exchange rates. Likewise, if our costs decrease, we will pass the difference on to the traveler or client.
7. Airlines
VIAJES MACHU PICCHU is not responsible for any act or failure by any airline. We may use an airline different from those mentioned in our advertisements. VIAJES MACHU PICCHU does not guarantee the type of aircraft that will be used by the airline. Furthermore, VIAJES MACHU PICCHU is not responsible for losses due to flight cancellations, schedule changes, or seat reassignments. The client may not cancel the contract without penalty due to a change in airline, aircraft type, route, or destination. The airline's responsibility is limited to the transportation of passengers and luggage according to its terms and conditions of service.
8. Delays
Any cost, whether direct or incidental, incurred by the client as a result of delays caused by bad weather, route conditions, river levels, road conditions, transportation delays, illness, government actions, or other contingencies beyond the control of VIAJES MACHU PICCHU will not be refunded.
9. Changes by VIAJES MACHU PICCHU
Reasonable changes to the itinerary may be made where advisable by VIAJES MACHU PICCHU for the client's comfort and well-being due to unforeseen circumstances or events beyond the agency's control. If any such changes are made before the $200 deposit is paid, the client will be informed of the changes at the time of booking. If the changes occur after that, VIAJES MACHU PICCHU will not be responsible for any damages caused or related to such changes, and the client forfeits the right to make a claim against VIAJES MACHU PICCHU.
10. Changes Made by the Client
Any changes made by the client between 60 and 30 days before departure will incur a charge of $30 per change. Any changes made between 29 and 15 days before departure will incur a charge of $50 per change. No changes can be made by the client within 14 days before departure. This also applies to additional accommodation bookings, transfers, or excursions. VIAJES MACHU PICCHU is not responsible for additional expenses incurred by the client as a result of such changes, including but not limited to non-refundable “advance payments” to VIAJES MACHU PICCHU.
11. Authority on the Tour
The client must comply at all times with the rules and respect the social norms of the country being visited, as well as governmental regulations related to customers, drugs, and foreign exchange. At all times, the decision of the tour leader or representative of VIAJES MACHU PICCHU is final in all matters that may threaten safety or interfere with the well-being of the group or individual clients. If a client fails to comply with this section or interferes with the well-being of the group or individual clients, the VIAJES MACHU PICCHU leader or representative may order the client to leave the tour without the possibility of receiving any refund.
12. Physical Condition & Health
It is vital that clients with medical conditions disclose them at the time of registration. The tour leader has the right to remove any client at any time during the trip if they believe the client’s participation in the tour will put their health or well-being at risk. Refunds do not apply under these circumstances. In the event of an injury or illness, VIAJES MACHU PICCHU will ensure the best possible medical care. However, VIAJES MACHU PICCHU assumes no responsibility for the provision or cost of medical care.
13. Baggage
VIAJES MACHU PICCHU assumes no responsibility for loss or damage to baggage during transportation to and from the tour with VIAJES MACHU PICCHU or while the tour is in progress.
14. Travel Insurance
VIAJES MACHU PICCHU recommends obtaining personal travel insurance, including baggage and cancellation insurance.
- Travel insurance is a way to protect your physical integrity and your baggage in case of issues such as trip cancellations, delays, medical problems, or loss or damage to baggage.
- Medical insurance can be obtained through traditional insurers or online providers (such as www.travelguard.com).
15. Travel Documents
The client must obtain and possess a valid passport (THE PASSPORT MUST BE VALID FOR AT LEAST 185 DAYS BEFORE THE DEPARTURE DATE), visas, permits, certificates, and vaccination records required for the entire tour. The client accepts responsibility for obtaining these documents and any other necessary paperwork. Any information or advice provided by VIAJES MACHU PICCHU regarding visas, vaccinations, weather, clothing, baggage, or special equipment is given in good faith but without liability on the part of VIAJES MACHU PICCHU. The client expressly waives any claim that VIAJES MACHU PICCHU is responsible for damages arising from such information or recommendations.
16. Claims and Complaints
If a client has a complaint or claim against VIAJES MACHU PICCHU, they must first notify VIAJES MACHU PICCHU in writing within five days after the trip has ended. Failure to comply with this requirement forfeits the client's right to make any claims or complaints against VIAJES MACHU PICCHU.
17. Mandatory Arbitration
I agree that any dispute concerning, related to, or referring to this contract, the catalog, the website, any text or material related to the trip with VIAJES MACHU PICCHU, or the trip itself shall be resolved exclusively through mandatory Peruvian arbitration.
18. Limits of Remedies
The client agrees that the only solution to any inconvenience arising from the terms by VIAJES MACHU PICCHU shall be the payment of the total cost of the trip. To the maximum extent permitted by applicable law, VIAJES MACHU PICCHU shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including physical accidents), regardless of the manner in which they occur, whether by contract, tort (including negligence), or otherwise, even if VIAJES MACHU PICCHU has been advised of the possibility of such damages. The client expressly waives any right to recover such damages.
19. Severability
I understand and agree that if one or more provisions of the Terms are deemed invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect any other provision of this document. The Terms shall be interpreted as if such an invalid or unenforceable provision had never been included.
20. Entire Agreement
The Terms constitute the complete understanding between the Client and VIAJES MACHU PICCHU regarding the subject matter of the Terms and replace all prior negotiations and statements related to the subject matter of the Terms, except as expressly stated in the Terms.
21. Amendment
The Terms may not be altered or modified except by a written amendment executed by both the Client and VIAJES MACHU PICCHU.
22. Interpretation
It is the intention of both the Client and VIAJES MACHU PICCHU that no part of the Terms be interpreted against either party based on the identity of the drafter.
23. Medical Insurance
All clients must be covered by personal travel-related medical insurance. The insurance must cover personal accidents, medical expenses, air ambulance, loss of belongings, repatriation costs, and all other expenses that may arise as a result of loss, damage, or injury occurring to the Client. The Client agrees to obtain and/or verify that they have sufficient personal travel-related medical insurance for the trip. Baggage and cancellation insurance are also highly recommended.
I agree to obtain and/or verify that I have the personal travel-related medical insurance mentioned above, which meets VIAJES MACHU PICCHU's minimum requirements, and to present proof of such insurance to VIAJES MACHU PICCHU.
Traveler One Signature Traveler Two Signature
24. LIABILITY RELEASE OR ASSUMPTION OF ALL RISKS
I, the Client, acknowledge that I have voluntarily requested to participate in the trip designated in this application and that I have read the trip description as it appears in the trip itinerary. I am voluntarily participating in this trip with knowledge of the dangers involved.
Traveler One Signature Traveler Two Signature
25. ASSUMPTION OF RISK
VIAJES MACHU PICCHU does not own or operate any entity providing goods or services for your trip, including, but not limited to, hotels or other accommodation facilities, airlines, boats, buses, vans, or other transportation companies, local ground operators, suppliers or organizers of optional excursions, or food service or entertainment providers. VIAJES MACHU PICCHU notifies that it acts independently and is not responsible for transportation providers and/or other related travel services and assumes no liability for expenses, injuries, losses, or damages to persons or property resulting from: acts of force majeure, detention, inconvenience, delays, quarantine, strikes, thefts, larceny, force majeure (an event or effect that cannot be reasonably anticipated or controlled), failure of any means of transport to arrive or depart as scheduled, changes in civil restrictions, terrorism, government and national park restrictions, regulations, discrepancies, or changes in transit services or hotels over which it has no control, animals, marine life, or vegetation of any kind, hazards related to recreational activities such as diving, snorkeling, swimming, kayaking, sailing, canoeing, rafting, hiking, cycling, climbing, etc., sanitation issues, food poisoning, lack of access to or the quality of medical care, difficulty in evacuation in case of a medical or other emergency, or any other cause beyond the direct control of VIAJES MACHU PICCHU. The Client voluntarily participates in the trip with the knowledge that traveling to foreign countries and/or remote areas visited by this trip involves numerous risks and dangers, which the Client accepts, including but not limited to: natural forces; civil disturbances; terrorism; the condition of roads, trails, hotels, vehicles, boats, or other means of transportation that are not operated or maintained according to common standards in the United States; high altitude; accidents or illness without access to rapid evacuation means or availability of medical supplies; the adequacy of medical care once provided; physical effort for which the client is not prepared; consumption of alcoholic beverages; or negligence (but not willful misconduct or fraud) by VIAJES MACHU PICCHU or those entities with whom VIAJES MACHU PICCHU provides services to the Client. The Client acknowledges that the enjoyment and excitement of adventure travel derive partly from the inherent risks of travel and activities beyond the accepted safety of home or work life and that these inherent risks contribute to such enjoyment and excitement and are a reason for the Client’s voluntary participation.
Hereby, I accept the above and take responsibility for my own well-being, accepting any risk of delay, unforeseen events, illness, injury, emotional trauma, or death.
Traveler One Signature Traveler Two Signature
26. RELEASE
I acknowledge that the cost of all VIAJES MACHU PICCHU trips has been based on the execution of the Release of Liability and Assumption of All Risks. Therefore, as legal consideration for participating in such adventure travel activities, I HEREBY RELEASE AND WAIVE ANY LIABILITY ARISING FROM MY PARTICIPATION IN THE TRIP AGAINST VIAJES MACHU PICCHU FOREVER. I agree that this legally binds all minors under 18 years traveling with me, all my family members, heirs, successors, assigns, and legal representatives, as my intention is to fully assume all travel-related risks associated with this trip and release VIAJES MACHU PICCHU from any and all liabilities to the maximum extent permitted by law.
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Traveler’s Signature
PARENT OR GUARDIAN OF A MINOR - I, as the parent or guardian of the minor mentioned below, grant permission for my child or ward to participate in the trip and accept, personally and on behalf of my child or ward, the conditions.
Name of minor’s parent or guardian signature Dated
General Manager
William Escalante